Pubdate: Tue, 27 Jan 2009 Source: Scotsman (UK) Copyright: 2009 The Scotsman Publications Ltd Contact: http://thescotsman.scotsman.com/contactus.aspx Website: http://thescotsman.scotsman.com/ Details: http://www.mapinc.org/media/406 Author: Martyn McLaughlin Bookmark: http://www.mapinc.org/find?207 (Cannabis - United Kingdom) CANNABIS REGRADING HAS LEFT THE LAW IN DISARRAY, SAY CRITICS CANNABIS laws have been left in disarray following the UK government's decision to upgrade the drug to a Class B substance, critics warned yesterday. Despite plans for a new "three strikes" regime whereby police can hand out on-the-spot penalties to anyone caught with cannabis, users will be able to escape the fines because of parliamentary delays. Furthermore, the changes will also have little impact in Scotland, where police forces will not follow any system of graded warnings. Jacqui Smith, the Home Secretary, decided to move the drug from Class C to Class B last year, because of fears of the impact of stronger strains of "skunk" on the mental health of young people. It reversed a decision in 2004 by her predecessor, David Blunkett, to downgrade cannabis. Under the new regime, police in England and Wales should issue a warning to anyone caught with cannabis for a first offence, and give second-time offenders an UKP 80 fine and a penalty notice. Anyone with a third "strike" will be arrested and could face an unlimited fine and a prison sentence of up to five years. Alan Campbell, the Home Office minister, warned that the average age of first-time cannabis users was now 13, and said the new system would help protect "future generations". The order in parliament making cannabis use an offence punishable with a penalty notice for disorder was scheduled to pass last week. It was bundled with a group of 21 other offences, including mini-cab drivers hawking for business. But because of opposition to some of the changes, especially among magistrates concerned about taking offences away from the courts system, the package of measures was withdrawn for consultation, the Ministry of Justice said. It has also emerged that not all police forces in England and Wales will record cannabis warnings, meaning that repeat offenders could escape fines or prosecution. A system for recording all cautions is not due to be introduced until next year. In Scotland, meanwhile, police forces will abide by the policy laid down by the Association of Chief Police Officers in Scotland (Acpos), which has remained constant since 2004 and sees everyone found in possession of cannabis reported to the procurator-fiscal. Detective Superintendent Willie MacColl, national drugs co-ordinator for the Scottish Crime and Drug Enforcement Agency, said: "Policing in Scotland has taken a coherent and consistent approach to the issue of cannabis throughout the past four years. "In 2004, when cannabis was reclassified by the UK government downwards from B to C, Acpos confirmed its intention to conduct business as normal and continue to report those found in possession of cannabis to the procurator-fiscal. "Given the decision by the Home Secretary to reclassify upwards, Acpos has considered their policing response and decided that, as in 2004, such a move would not result in any changes of policy. Those found in possession of cannabis would continue to be reported." Brian Paddick, the former deputy assistant commissioner of the Metropolitan Police and London mayoral candidate, said changing the classification of cannabis would make little difference to the number of people using it, but Marjorie Wallace, chief executive of the mental health charity Sane, welcomed the upgrade, saying that for some people, cannabis use could double the chance of developing severe mental illness. Background THE UK government's decision to reclassify the drug from class C to B is largely influenced by research linking heavy use of the stronger and increasingly widespread "skunk" strain of cannabis with mental illness. Five years ago, the then home secretary, David Blunkett, downgraded the drug to class C based on findings from the Advisory Council on the Misuse of Drugs. However, a Lancet study in 2007 found that cannabis use increased the risk of schizophrenia by at least 40 per cent. Other research suggests an active chemical in the drug inhibits psychotic symptoms in people with schizophrenia, while another chemical may increase the disease's symptoms. - --- MAP posted-by: Richard Lake